Thursday, February 14, 2013

Megadyne Information Systems v. Rosner, Owens & Nunziato, LLP case brief

Megadyne Information Systems v. Rosner, Owens & Nunziato, LLP case brief summary

FACTS
-Megadyne Information Systems (Megadyne) sued the law firm of Rosner, Owens & Nunziato, LLP (the Rosner firm) and the firm's individual partners for legal malpractice and breach of fiduciary duty. -The Rosner firm successfully moved for summary judgment.
-Megadyne appeals.

HOLDING:
The court concluded summary judgment was properly granted on the legal malpractice cause of action but that triable issues of material fact exist on one fact-specific theory supporting the cause of action for breach of fiduciary duty.

ANALYSIS
-The court also found a triable issue of fact exists as to the individual partners' involvement in that breach. We therefore reverse for further proceedings.

RULES:
-A cause of action for breach of fiduciary duty requires the existence of a fiduciary relationship, a breach of the duty created by that relationship, and damages proximately caused by the breach.

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